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2016 (4) TMI 723 - HC - VAT and Sales TaxWhether the Tribunal is justified in disposing the appeal filed by the State without considering and disposing the appeal filed by the petitioner in the interest of justice both to the petitioner and the respondent - Held that - the second appeal filed by the assessee before the Tribunal, which was anterior in point of time, is now pending. Therefore, the third question of law deserves to be answered in favour of the assessee. - Decided partly in favour of assessee
Issues involved:
1. Challenge to order of Sales Tax Appellate Tribunal regarding estimation of liquor sales turnover. 2. Dispute over assessment of certain turnovers by First Appellate Authority. 3. Tribunal's handling of appeals by Department and assessee arising from common order. 4. Questions of law raised by the assessee regarding levy of tax on estimated sales omission, exemption claim, point of taxation, and sales turnover from TASMAC. Analysis: 1. The petitioner, engaged in the hotel business, challenged an order of the Sales Tax Appellate Tribunal regarding the estimation of liquor sales turnover for the assessment year 2003-04. The Assistant Commissioner accepted the total and taxable turnover but revised the assessment by estimating liquor sales at a higher amount due to reported sales being disproportionate to purchases. 2. The First Appellate Authority partly allowed the assessee's appeal by setting aside the estimated sales omission but refused relief on certain other disputed turnovers. Subsequently, the assessee filed a further appeal before the Tribunal, while the Revenue appealed against the First Appellate Authority's decision on estimated sales omission. 3. Despite both appeals arising from a common order, the Tribunal independently disposed of the Department's appeal first. The assessee raised substantial questions of law, questioning the Tribunal's reversal of the Appellate Assistant Commissioner's order, rejection of exemption claim, and the Tribunal's handling of the appeals filed by both parties. 4. The High Court allowed the revision, favoring the assessee on the third question of law, remanding the matter back to the Tribunal for fresh consideration along with the pending appeal. The Court set aside the Tribunal's order, emphasizing an independent decision-making process. The other questions of law were left unanswered, with no costs imposed. This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the case, the arguments raised, and the High Court's decision.
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